Introduction

Scope of application

Compliance program

Protection of whistleblowers

Audit and sanctions

Rules arising from the Sapin II Law

EU law

French law

Rules derived from competition law

Sapin II Law/Competition

Scope ratione personae

Scope ratione materiae

Scope

Development of plan

Measures included in plan

Inclusion in management report

Vigilance plan

Injunctions

Civil liability

Sanctions

Duty of vigilance (devoir de vigilance)

CSR programs

Reporting

Communication

Reporting and communication

Judicial sanctions

Risk to reputation, strategy and stability

Corporate Social Responsability (CSR)

Middlenext Code

IFA Corpus

AFEP - MEDEF Code

Types

Principles of governance

Principles incorporating CSR values

Principles

Comply or explain

Binding force

Private codes of conduct

Compliance

To what extent can failure by an undertaking to meet its CSR commitments be sanctioned? Initially conceived as a voluntary approach, CSR commits the undertaking without any sanction other than that of the market. However, under French law, in principle, there can be no liability without sanctions. According to the OECD Guidelines, observance of these principles is voluntary and “does not constitute an obligation that can be legally sanctioned”. Nevertheless, in this area, undertakings are also subject to legal obligations which entail their responsibility and, as such, are liable to sanctions. Beyond this, the question remains as to whether the undertaking's failure to act in a way that is contrary to the ethics it has voluntarily imposed on itself can be judicially sanctioned. In other words, can stakeholders hold the undertaking liable if it fails to respect its unilateral commitment?

Sanctioning violations of corporate responsibility

137. Sanctioning violations of corporate responsibility